RATHEESHKUMAR @ BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal arises from the judgment and order dtd. 5/1/2018 passed by the High Court of Kerala at Ernakulam in Criminal Appeal No.779 of 2013 by which the High Court dismissed the appeal filed by the appellant herein and thereby affirmed the judgment and order of conviction passed by the Additional Sessions Court, Adhoc-III (Fast Track Court-III), Palakkad in Session Case No.490 of 2008 for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 (for short, "the IPC").

(2.) The case of the prosecution may be summarised as under:-

(3.) In such circumstances referred to above, the First Information Report that came to be lodged for the offence of murder. At the end of the investigation, chargesheet was filed. As the offence was exclusively triable by the Sessions Court, the case came to be committed to the Court of Sessions. The trial court vide order dtd. 9/6/2009 framed charge. The charge reads as under:-